Legal Question in Wills and Trusts in Ohio
My father's will instructs that I receive his motorcycle upon his death. He died last month, and my middle sister is the executor. We are now starting the probate process (he lived in a small house, nothing is being contested...so far). My sister is telling me that I am unable to take ownership of the motorcycle until the probate process is complete because, she claims, there is a chance the courts my take the bike away in lieu of the money that he still owed on his house (he lived alone - divorced). Is it true that I cannot take the bike until the probate process is complete? I hope this isn't true because she doesn't think it's going to be over until the fall months at least....the idea of this drives me crazy because spring and riding season is just weeks away, and I really do not want to have to wait another year to be able to start riding. Let me know if she is misinformed, because I have been told by several people that they don't believe she is correct. Thank you for your time.
1 Answer from Attorneys
All claims against an estate have to be made within 6 months after the death of the decedent. Once that happens the assets can be distributed and the estate closed.
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